Relocation of a child subject to a Missouri custody order

Missouri law governs the relocation of children after a custody order has been entered. “Relocation” is defined as “a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary… Read More
Read More

The Petitioner (or movant) in an action to set aside a previous order for paternity and child support must pay the costs of DNA testing.

Recent Case: State of Missouri (FSD) v. [Family Court Commissioner] Missouri Court of Appeals, Western District – WD75408 State ex rel. State of Missouri, Department of Social Services, Family Support Division (“Relator”) sought a p… Read More
Read More

Express allegations of abuse or neglect required for mandatory appointment of Guardian Ad Litem; Alternating weekend parenting plan is joint physical custody.

Recent case: CJWQ vs. SJQ Missouri Court of Appeals, Western District – WD74342 Mother appeals the circuit court’s judgment modifying the dissolution decree from her marriage to Father. Mother asserts that the court erred when: (1) it failed… Read More
Read More

No Jurisdiction to Modify Custody Decree under UCCJEA

Recent Case: SHA, Respondent, vs. COA, Appellant. Missouri Court of Appeals, Eastern District – ED97993 Mother appeals from the judgment of the trial court dismissing her motion to modify a child custody order entered in the State of Illinois.… Read More
Read More

Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (dates n… Read More
Read More

"Sole physical custody" award that incorporates significant parenting time to the other parent is not sole custody by definition, but joint custody instead

Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District – WD7455 Father appeals from a judgment entered in the Circuit Court of Clay County in an action to establish… Read More
Read More

Failure to comply with statutory documentation requirement ends support of child in college

Recent case: CB v. DB Missouri Court of Appeals, Western District – WD74067 Father requested information concerning Daughter’s college education, and received limited information through the child-support agencies which served as intermediari… Read More
Read More

Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property

Recent Case: JJ v. EJ Missouri Court of Appeals, Western District – WD74148 Adding a spouse to the title of non-marital property, in this case a farm, transmutes separate non-marital property into marital property. Consequently, when Respondent… Read More
Read More

Factors Considered by the Court when Making a Custody Determination

In Missouri, there are guidelines that the Court must follow in making a child custody determination. While all child custody determinations must be made in accordance with the best welfare and interests of the child, there is also a statutory and ca… Read More
Read More

Child support judgment not subject to collateral attack in later proceeding; Court of Appeals can amend child support judgment based on judicial admission.

Recent Case: TLD v. JRD Missouri Court of Appeals, Western District – WD73385 Mother appeals from the trial court’s amended judgment order of modification retroactively modifying Father’s child support obligation and ordering Mother to… Read More
Read More